I have previously written in this blog about how Immigration, Refugees and Citizenship Canada (“IRCC’) has adapted an exceptionally strict approach to returning applications for incompleteness. I have also written in Policy Options about how frustrating this approach can be, because one of its main purposes appears to be to allow politicians to boast about reduced processing times, while ignoring the fact that the experience of individuals who are actually applying is actually often longer than previously. I wrote: The current rigid triage system distorts a fair comparison of processing times. Suppose an individual applies to sponsor a spouse to immigrate to Canada and forgets to include in one of the forms the city where a non-accompanying brother was born. Previously, processing might have been delayed by two to three months while IRCC contacted the family, informed them of the mistake and requested they provide the information. Now, IRCC would instead return the application one to two months after it is submitted, and the family would have to resubmit. If some supporting documents have expired, they may have to reobtain them, and the process can easily take several months. Under the previous system, this delay would have added two to … Read More
Misrepresentation Cases at the Immigration Appeal Division
A permanent resident can lose their permanent resident status and be banned from Canada if they commit misrepresentation. However, they have a right of appeal to the Immigration Appeal Division (the “IAD“). At the IAD, the permanent resident can argue that the determination that they committed misrepresentation was based on a factual error or mistake in law. They can also argue that there are sufficient humanitarian & compassionate (“H&C“) to warrant relief. The Test In Wang v. Canada, the Federal Court of Canada set out the following factors (generally known as the “Wang” or the “modified Chieu” factors) to be the appropriate considerations in determining whether there are sufficient H&C considerations to justify not cancelling someone’s permanent resident status and banning them from Canada for five years: the seriousness of the misrepresentation leading to the removal order and the circumstances surrounding it; the remorsefulness of the permanent residence; the length of time spent in Canada and the degree to which the permanent resident is established in Canada; the permanent resident’s family in Canada and the impact on the family that removal would cause; the best interests of a child directly affected by the decision; the support available to the permanent resident … Read More
Borderlines Podcast #193 – Evacuate
We return to Afghanistan, and to the unfinished work Canada left behind. Following our recent conversation with retired Canadian Forces member Cory Moore, we are joined by three guests from Aman Lara, a Canadian registered charity working on refugee extraction, resettlement and protection. Jon Feltham, Executive Director of Aman Lara and retired Canadian Armed Forces member Julia Aitken, Program & Communications Director at Aman Lara Denis Thompson, Major-General (Ret’d), former commander of NATO Task Force Kandahar We examine Canada’s response to Afghans who worked alongside Canadian and NATO forces, through the lens of recent Federal Court decisions that highlight how many individuals were left behind after the fall of Kabul in 2021. We discuss: The reality faced by Afghan interpreters, contractors, and families still in hiding How Canada’s approach relied on “process without a plan” The bureaucratic gaps between DND, Global Affairs, and IRCC How veterans became de facto evacuation coordinators during the 2021 crisis How Ukraine’s uncapped emergency program contrasted so sharply with Afghanistan What Aman Lara has accomplished (over 7,000 evacuations and 5,800 resettlements) and why the work is far from over 🔗 Aman Lara is a registered Canadian charity. If you’re looking for a meaningful way … Read More
The Start-Up Business Class
On April 11, 2018, regulations for the Start-Up Business Class (the “Start-Up Business Class”) came into effect. The regulations slightly modify the program that has been in effect since April 1, 2013. Both applicants as well as designated entities should be aware of the changes.
Borderlines Podcast #192 – Preventing Study Permit Refusals
Steven and Deanna break down the rapidly shifting landscape of Canadian study permits amid IRCC’s newly released 2026 international student caps. With approval rates falling sharply in 2024–2025 and IRCC committing to fixed national intake numbers, study permits are now effectively being graded on a curve, making strong applications more critical than ever. We discuss the most common refusal grounds they see in practice, including: ▸ Weak or incoherent study plans Why study plans are now a top refusal ground, what officers look for, how jurisprudence has evolved, and what applicants must show to demonstrate a logical academic and career trajectory—even for minors. ▸ Dual intent, PGWP confusion, and long-term plans
The Post-Graduation Work Permit
Canada’s Post-Graduate Work Permit (“PGWP”) program (the “PGWPP“) allows international students who have completed certain Canadian post-secondary programs to obtain work permits after graduating. The work permits are open, meaning that the graduates can work for any employer in any Canadian province. It is a fantastic program that enhances the competitiveness of Canadian post-secondary institutions internationally, and is normally an essential transitory step for international graduates looking to eventually obtain Canadian permanent residency. However, every year there are many international students who mistakenly think that they will be eligible to participate in the program after graduating only to discover midway through their studies that they cannot. It is accordingly very important that all international students in Canada understand how the PGWP program works. Basis in Law Section 205 of Canada’s Immigration and Refugee Protection Regulations provides the government with the authority to create programs to issue work permits to foreign nationals when it is satisfied that public policy objectives relating to the competiveness of Canada’s economy or academic institutions are met. The PGWPP is one of these programs, and detailed information about it can be found on the Immigration, Refugees and Citizenship Canada (“IRCC“) website here. As the Federal Court … Read More
Borderlines Podcast #191 – Suing Immigration Representatives
Civil litigator Eoin Logan joins to break down three cases involving lawsuits both by and against immigration representatives. The cases are Sibbal v Nathyal, 2025 ABCJ 198, Roshy Skincare Clinic Inc. v Vrossis Investment Group Inc., 2025 BCSC 1769 and ICGC Immigration Consultants Group Canada Inc. v. Metro Painting Ltd., 2025 BCCRT 1466. Topics discussed include entering into immigration fraud schemes and suing when it falls apart, contractual illegality, negligent and fraudulent misrepresentation, contractual illegality, punitive damages and the duty of honesty in professional services, what happens when someone can’t enter Canada to attend their own civil trial and whether professional regulation in Canada actually protects immigrants.
Borderlines Podcast #190 – Express Entry Refusals
Steven and Deanna dive deep into the most common reasons IRCC refuses Express Entry applications, with a focus on what visa officers determine to be insufficient reference letters. 1:00 – Correction from last episode: OINP Skilled Trades “draw” was actually a mass cancellation. Thoughts on this and Bill C-12. 10:00 – Express Entry refusals. NOC lead statements + main duties, employers not listing job duties, duties don’t match the NOC, blended NOCs. 17:00 – Should employers include percentage breakdown of duties? 26:00 – Why verbs like “assist,” “support,” “help,” or “maintain” are dangerous 27:12 – Procedural fairness: when IRCC must NOT contact you Live Questions. 31:10 – Will CEC draws exceed 1,000 ITAs in 2025? 32:49 – Will Bill C-12 cancel Start-Up Visa and non-priority org files? 36:50 – Is IRCC looking for any reason to refuse? 37:45 – Will I get refused if my reference letter only lists 40 hours per week? 38:34 – Could Bill C-12 cancel existing PRs? 39:26 – Could TR-PR cover SUV applicants in 2026–27? 40:05 – Why are immigrants treated like clients of a company? 41:00 – Is foreign experience locked at ITA or EAPR? 42:10 – My CRS is 449 with French. … Read More
Arguing Incompetence of Counsel in an Appeal
Many lawyers when they meet with clients often review rejected applications and/or appeals where it is obvious that the individual’s previous representative was incompetent. The examples of incompetence range from missed deadlines to ignorance of the law. Some specific examples include: former counsel being told by an Immigration Appeal Division member to “sit down” because they were incompetent; an immigration consultant not knowing the difference between a “conviction” and a “dismissal”; an immigration consultant stating that the “prevailing wage = the wage paid to Canadians at the employer’s company”; and a lawyer filing late because “deadlines are policy, not statute.” While the previous representative’s incompetence may serve as a ground for relief in a judicial review, cases based on incompetence and/or negligence of previous counsel are exceptionally difficult. The Federal Court’s March 7, 2014, Procedural Protocol on arguing incompetence of counsel only make these cases more challenging. The Law on Incompetence of Counsel As the Supreme Court of Canada stated in R v. GDB for incompetence/negligence of previous counsel/representative to count as a ground for judicial review, it must be established that (1) previous counsel’s acts or omissions constituted incompetence and (2) that a miscarriage of justice resulted from the incompetence. The Federal … Read More
Borderlines Podcast #189 – The 2026–2028 Levels Plan: Behind the Numbers
Canada’s new 2026–2028 Immigration Levels Plan is here, and it’s a lot more confusing than media headlines suggest. This episode unpacks how the Carney government has quietly layered “one-time initiatives” on top of the official levels plan, including a massive cohort of protected persons and in-Canada temporary residents transitioning to permanent residence, and why the oft-repeated topline of 380,000 PRs is misleading once you add those extra streams. Topics discussed also include shrinking the temporary resident share of the population, the quiet rollback of francophone immigration targets, cuts to IRCC’s budget, and the rule-of-law issues when the same legal criteria suddenly produce totally different outcomes and higher refusal rates. We also answer live listener questions on CEC, work experience across multiple NOCs, why there aren’t many ITAs, the H-1B pathway, and more. 5:05 – The “math’s not mathing”: topline 380,000 vs extra 140,000 PRs 19:00 – Temporary resident caps, extensions, and the missing data 27:26 – Francophone targets quietly reduced & what that signals 33:06 – Massive rebound of the Provincial Nominee Program (PNP) in 2026 36:06 – H&C: 1,100 admissions and a 50-year backlog 37:35 – Budget cuts, IRCC HR reductions & shift to automation 43:04 – Potential … Read More